Generally, applications challenging the validity of a person’s wills are not time-limited. In contrast, claims under the Inheritance (Provision for Family and Dependents) Act 1975 are time-limited to six months from the date that the Grant of...
Dispute Resolution
Property can be left under a Will to a beneficiary, without that beneficiary owning the property but still having an interest in possession. However, an interest in possession can take different forms, depending on how the will is drafted. Interest in...
Having been late to the party, I have finally watched the final series of the Succession, I couldn’t help but notice the dispute regarding Logan Roy’s ‘instructions’ upon his death and speculate what the outcome could be in England or...
People always want to do their best for their loved ones, and included in that, is providing a funeral service that they think their deceased relative or friend would be pleased with. However, this can cause issues of contention between different family...
Just because someone is famous it does not necessarily mean they have their affairs in order when they die. It is quite common to hear of celebrities who have passed and whose death has raised various questions into the administration of their estate, and...
There recently has been a case in which a Judge has given some very interesting guidance on a right of way dispute between neighbours. If your neighbour is restricting your right of way or even obstructing access completely, we would be happy to advise you...
What is the Renters' Reform Bill? You may recall that the Renters' Reform Bill was mentioned back in the Queen’s speech in May 2022, when it was announced that ‘no fault evictions’ would be abolished. Later in June 2022, the...
You may have seen the recent £200,000 legal battle that saw a dream home become a nightmare when Japanese Knotweed was discovered growing behind the garden shed. Mr Downing had purchased the south-west London home in 2018 for £700,000 with plans...
One of the fundamental principles of English law is that a person is free to draw up a Will that sets out how they wish to distribute their property. How and to whom that distribution is made is their choice alone and should be free from the interference of...
Whilst February 14 th is memorable and amorous for some, Valentine's Day 2022 was a lesson in “loving thy neighbour” for the parties involved in Prime London Holdings 11 Limited v Thurloe Lodge Limited [2022] EWHC 303 (Ch) as the first...
Imagine the following situation. Your mother and father divorced and some years later your father remarries a woman who has two children from her first marriage. You all get on well, celebrating Christmas and other holidays together. Suddenly, your father,...
Every so often a legal case is decided that brings the law up to date with changes that have been taking place in society for some time. Roe v Wade (a woman’s right to abortion), Gillick v West Norfolk & Wisbech Area Health Authority ...
Press Release 16 th September 2020 Brethertons’ client’s success in unanimous decision of the Employment Tribunal widening the protected characteristic of gender reassignment to include gender fluid and non-binary...
One of the ways in which sellers can protect their business against buyers that do not pay for goods, is to incorporate a Retention of Title (ROT) clause in their Terms and Conditions of sale. The purpose of this blog is to highlight some of the pitfalls of...
In this blog, our litigation Lawyer, gives an insight into their top tips for avoiding bad debts. As we inevitably head into what is likely to be one of the deepest economic recessions in our lifetimes, it is fair to say that many businesses are struggling...
Boundary disputes between neighbours are unfortunately not rare. The lockdown during the Covid crisis has seen an increase in instructions from individuals approaching lawyers complaining that the people next door are “neighbours from...
Lawyers are often consulted by individuals who are very upset that they have become involved in the dispute with their neighbour. Some lawyers dislike acting in boundary dispute cases and give them a wide berth, while other lawyers enjoy picking through the...
This week, Brethertons is delighted to welcome Senior Associate, Dani Green into our experienced Dispute Resolution, Residential Leasehold and Enfranchisement team. Dani rejoins Brethertons from Bolt Burdon where she was a Senior Enfranchisement...
Forfeiture provides the right for a landlord to enter the property let to the tenant and reclaim ownership prior to the contractual termination of the lease due to the tenants default. It is arguably a draconian measure and one which the Law Commission has...
There are substantial differences between residential and commercial leases. Residential service charges are the subject of substantially more legislation and rules than those of commercial leases. Although there are the RICS Guidelines in respect of...
Do remember that short-term property lets are not a new phenomenon. Organisations like AirBnB have recently grown which has made the issues concerning short-term lets a new focus. AirBnB has become the shorthand reference to these particular types of let....
For those that work within the Housing Sector it has become apparent that there is increasing pressure on Local Authorities and Housing Associations to provide housing for tenants that are no longer able to remain in privately rented accommodation. There...
If you are currently a party to a standstill agreement in an "inheritance act" claim under the Inheritance (Provision for Family and Dependants) Act 1975 then you might wish to give this article some serious thought. Standstill agreements are...
Top 200 law firm Brethertons LLP grows its Dispute Resolution team with appointment of Chartered Legal Executive George Smith. George brings a wealth knowledge to the Dispute Resolution team, with expertise in dealing with contested Wills, disappointed...
Top 200 law firm Brethertons LLP expands its Dispute Resolution team with appointment of Susan Ellis as Associate Solicitor. Susan brings a wealth of expertise to the Dispute Resolution team, specialising in housing, leasehold management and residential...
The Homes (Fitness for Human Habitation) Act 2018 (the “Act”) is a prime example of a piece of legislation which has been in the pipeline for some time however, it would appear that the tragic circumstances of the Grenfell Tower disaster has...
Brethertons is the proud platinum sponsor of the 2019 IRPM Annual Seminar Brethertons is delighted to confirm it is the platinum sponsor of this year’s Institute of Residential Property Management (IRPM) Annual Seminar , taking place on Thursday 13...
Landlords need to be aware that when they have a Surety Guaranteeing, for example, a tenants obligation in a Lease, that it is possible to undermine that protection by reaching further agreements with the Tenant. If there is any variation to the terms...
Break Option Pitfall It is an established legal principle that when a lease comes to an end any under lease will automatically terminate. Under The Act a tenancy created by an under lease will continue against the landlord due to security of tenure. In...
The Pre-Action Protocol for Debt Claims – in Force from 1 October 2017 The Protocol for Debt Claims has now been approved and is due to come into effect as from the 1 October 2017. Below we set out the main points of the Protocol, how this will affect...
The case of Shaw –v – Grouby & Another [2017] EWCA CIV233 Among other issues this case considered what was “necessary” for access under a right of way. The article explores this issue. Background The (‘property’) is...
We are delighted to announce that the firm has been judged as the top legal services provider in the country for the Private Rented Sector (PRS). We fought off tough competition to be shortlisted, and was announced as the winner of the...
The recent High Court cases detailed below demonstrate some of the complexities associated not only with the rights to exercising break clauses but also in ensuring leases correctly identify the parties thereto. The first case highlights the need...
The case - McDonald v McDonald [2016] UKSC28. The Supreme Court was asked to reinterpret Section 21(4) of the Housing Act 1988, which provides that a Court shall make a Possession Order where proper Notice has been served, to be subject to a...
As all of you Residential Property Managers and Landlords will be aware, as of course will some lessees and/or occupiers of residential leasehold properties, the above came into effect on the 1 June 2016. Effective management is key to successful...
Relief from Forfeiture can be successful after 14 months delay Forfeiture of commercial properties can seem far more straightforward than those of residential. In particular, the ability to use peaceable re-entry means that landlords can evict...
Recently-published research from the National Landlords Association shows an alarming increase in rent arrears for tenants in the private sector, with record levels of evictions carried out by landlords in England and Wales last year, demonstrating the...
Author: Jade Reeve, Litigation Paralegal In the judgment passed down this week The Honourable Mrs Justice McGowan's decision in British Gas Trading Limited and Oak Cash and Carry Limited [2014] EWHC 4058 (QB) was upheld. Lord Justice...
One of the more controversial provisions of the Deregulation Act 2015 that came into force in October 2015 may set a trap for unaware private landlords, and will potentially allow a tenant at least a further six months in the property without the landlord...
Legislation expected to come into force in October this year will require landlords to fit smoke alarms and, in certain cases, carbon monoxide alarms inside their properties. The Smoke and Carbon Monoxide Alarm (England) Regulations 2015 will apply...
A recent County Court decision provides a cautionary tale for any landlord or agent that might be tempted to take the law into their own hands and evict a tenant without obtaining a Court order for possession, as required by section 3 of the Protection from...
By Catherine Worrall Since the introduction of the Civil Procedure Rules in 1998, anyone hoping to resort to litigation must first consider settling out of Court (a process known as Alternative Dispute Resolution). However, in the wake of the Jackson...
Resorting to the Courts to settle disputes is most people’s idea of a nightmare. The hassle, the expense, the stress… and all without any guarantee you’ll get the outcome you hope for. The news, then, that a special advisory group has...
With all the upheaval that has resulted following Lord Justice Jackson’s Final Report in his Review of Civil Litigation Costs, Brethertons were pleased to provide a free Webinar in conjunction with Credit Today on the changes to CPR, r. 3.9 (which...